Kandana Ja-Ela Pradeshiya Sabha

Ministry of Provincial Councils and Local Government Local Government Enhancement Sector Project (Asian Development Bank Funded) Loan No. 3431 SRI

DUE DILIGENCE REPORT (Social Safeguards)

March 2017

CONSTRUCTION OF MULTIPURPOSE BUILDING - KANDANA (Package No. WP AF JAL 05)

JA-ELA PRADESHIYA SABHA WESTERN PROVINCE SRI LANKA

Sub- Project Coordination Unit Local Government Enhancement Sector Project - Additional Financing Western Provincial Council - Sri Lanka

CURRENCY EQUIVALENTS

(As of 1 December 2016,) Currency unit = Sri Lankan Rupee/s (LKR) LKR 1.00 = USD 0.00687 USD 1.00 = LKR 145.50

ABRAVATIONS

ADB – Asian Development Bank

AF - Additional Financing

CBO - Community Based Organizations

CKD – Chronic Kidney Disease

DDR – Due Diligence Report

DS - Divisional Secretariat

GND - Grama Niladhari Division

GRC – Grievance Redress Committee

GRM – Grievance Redress Mechanism

IP - Indigenous People

LGESP– Local Government Enhancement Sector Project

NIRP – National Involuntary Resettlement Policy

NWSDB - National Water Supply and Drainage Board

PMU – Project Management Unit

RAP – Resettlement Action Plan

SPCU – Sub Project Coordinating Unit

SPS – Safeguard Policy Statement

CONTENT

CONTENTS Executive Summary 4 I. Background 5 A. Introduction 5 B. Proposed Sub-Project Components 5 II. Sub-Project Description 6 III. Legal and Policy Framework 7 IV. Methodology 7 V. Field Work: Surveys and Public Consultations 8 A. Field Visits: Surveys / Observations B. Public Consultations VI. Resettlement Impacts 10 A. Scope of Land requirement VII. Socio-Economic Profile 10 VIII. Information Dissemination 11

IX Grievance Re-Dressed Mechanism 11 A First tier of GRM B. Second Tier of GRM C. Third tier of GRM X. Conclusion 13

Annexure:

1. Maps and Photographs -subproject areas - Annexure 1 2. Legal and Policy Framework - Involuntary Resettlement - - Annexure 2 3. Resettlement and Indigenous People impact screening - Annexure 3 4. Ownership Confirmation - Annexure 4 5. Minutes of the PC meeting - Annexure 5 6. Attendance of Public Consultations - Annexure 6 7. Photographs of Public Consultation meeting - Annexure 7 8. Grievance Redressal Mechanism – Flow chart - Annexure 8

Tables

1. Table 1. Sub Project details 6 2. Table 2: Summary of Public / Stakeholder consultations 9 3. Table 3: Distribution of land and the population 11

Due Diligence Report (Social Safeguards) for Construction of Multipurpose Building at Kandana - Ja-ela Pradeshiya Sabha

Executive Summary:

The proposed sub project details indicate that the activity involves the construction of a fourstoried multipurpose building to include the pradehsiya sabha building, library and auditorium with other facilities required for building. This land which is under the ownership of Ja-Ela Pradeshiya Sabha presently has an old dilapidated library building which will demolished to accommodate the proposed building. Hence, there are no impacts of resettlement or indigenous people.

Initial screening of resettlement and indigenous people, show that the subproject is categorized as „C” in both aspects.

The filed visits revealed that there are no activities on any private land and the works do not involve displacement of livelihood of any citizens in the subproject areas. The library which will be demolished will be temporarily accommodated in the meeting hall of the present pradeshiya sabha building and hence there would be no adverse effect on the staff of the present library and citizens who will use the temporary facility as the areas is quite accessible and has all facilities.

The public consultations revealed that the subproject would have positive social and economic benefits to the citizens by providing the Ja-Ela Pradeshiya Sabha an alternative workplace enhancing public facilities and the flexible work arrangements improving associate satisfaction and productivity without affecting their land or livelihoods and also there are no indigenous people present in the subproject area.

I. Background

A. Introduction:

The Original Project i.e. Local Government Enhancement Sector Project (LGESP) is a key infrastructure initiative of the Government of Sri Lanka, and aims to improve local infrastructure, and services delivered effectively by selected local authorities in less developed areas in Sri Lanka. Participating local authorities will implement subprojects in the areas of roads and bridges, water supply and sanitation, drainage, solid waste management, and other basic facilities including health centers and public markets. Funds for these subprojects will be obtained as grants from the Ministry of Provincial Councils and Local Government. To continue the support to the initiatives of the Government through the original project and to solve the problems in areas affected by Chronic Kidney Diseases and further the support in service delivery improvement and capacity building in local authorities, ADB and government have agreed on an additional financing component to the original project which will (i) support implementation of water supply schemes in areas affected by chronic kidney diseases and enable the availability of safe drinking water to the vulnerable section of these areas; (ii) Support infrastructure delivery in 29 additional Pradeshiya Sabhas; and (iii) extending the support for capacity building initiatives under the project.

The filed observations in the subproject for which this DDR is prepared indicate that there would be no resettlement impacts or there is no presence of Indigenous people in this subproject area.

B. Proposed Sub-Project Components

This Due Diligence Report (Social Safeguards) is prepared for the Project, Construction of proposed Multipurpose Building at Kandana for Ja-Ela Pradeshiya Sabha sub-project under Local Government Enhancement Sector Project - Additional Financing

Ja-Ela Pradeshiya Sabha being a service and facility provider now intends to provide a workplace more comfortably and efficiently by construction of an alternative work environment with better service areas for public by constructing a complete building with necessary partitions of Public Library, Auditorium and other work place arrangements such as chairman‟s Room, waiting area, meeting room, record room, members‟ room, rest room, wash rooms including a disabled toilet, reception and inquiry, elevator, sewage disposal facility, , security, emergency requirements etc.

This new four storied office building will be constructed with the assistance from LGESP in the land that belongs to Ja-Ela PS where the current library of Kandana is located. After construction of this new facility, the current PS office building will be rented for shops.

II. Sub-Project Description:

At present, Pradeshiya Saba administration office & sub office function at the upper floor of the shopping complex with a very limited space; there is no space available for conducting meetings & other requirements at various occasions.

A Library is functioning in the adjacent single storied building. Structural condition of the library building is also not in a good and one can see, settlement cracks in wall. Roof was constructed using timber frame work with Calicut/ asbestos tile roofing which has now commenced deterioration.

The proposed new Pradeshiya Sabha Building consists of four stories and the main components will be the Library, Auditorium and PS Office Area.

The details of work under the subproject are given in Table 1 below.

Floor Area (m2) Details Office Building for administration, finance, works, rooms for Chairman, Secretary and Community Development Ground floor area 650 etc. Lavatory facilities for provided for both office staff & out sides who come for Pradeshiya Saba Office for official matters concern Library with Grade 2 facility, Newspaper & Magazine reading section has been designed to cater for even First Floor area 256 night time as most of peoples are busy with day time, people can leisurely use this section for extended time period as Pradeshiya Saba wishes. Council chamber- This is to use for conducting Pradeshiya Saba routine meetings, Chairman & all members of Saba are assembled here for taking all decisions with regard to development as per the Pradeshiya Saba law. Second Floor area 316 Committee room- According to the Pradeshiya Saba administration system various committees are formed to approve & take some important decisions. Record Room- All official documents are kept here for any reference in secure manner for the period specified in the circulars published by the Acts & Circulars. Multipurpose Hall can be used for mainly as Assembly Third Floor area 220 hall, but can be improved as a Auditorium in future

Multipurpose Hall can be used for mainly as Assembly hall, but can be improved as an Auditorium in future

The improvement involves the following activities.  Complete Building Constructions with necessary partitions, disable access, a lift elevator, two stair cases  Supply of Furniture

 Electrical wiring including installation of fixtures. Electrical wiring only for AC but installation of AC will not be provided under this project  Drinking Water with overhead tanks & Sewage disposal (Septic& soakage pits)  Water sumps for clear water &Firefighting system requirements  Drainage system for waste water & rain water  Firefighting system  Lightning protection system  Landscaping, gates & fence.

All technical designs and provisions are in accordance to National Standards (ICTAD and BS specifications) and will be done with close coordination with safeguard team of SPCU and Design and Supervision Consultants to avoid involuntary resettlement impacts. The due diligence process was conducted for proposed construction of the Pradeshiya Sabha Building sub project and land in line with the Resettlement Framework prepared for the Local Government Enhancement Sector Project - Additional Financing and ADB SPS 2009. This report describes the findings and provides copies of meetings minutes and photographs. Upon project implementation, the safeguards Officer (Social and Gender) at PMU and the safeguards officer at SPCU will undertake a review of this due diligence, prepare a confirmation report documenting any modifications for this sub-project and submit to ADB; and receive a “no objection” confirmation from ADB prior to start of construction.

III. Legal and Policy Framework:

The legal and policy framework through with resettlement impacts are mitigated under the project and particularly for the subproject will follow the laws / regulations of Sri Lanka and Asian Development Bank‟s (ADB‟s) Safeguards Policy Statement, 2009 (SPS). The details of the legal and policy provisions both in the national laws and ADB‟s SPS statements are discussed in Annexure 2.

IV. METHODOLOGY

The methodology applied in preparation of the DDR for this subproject is enumerated as follows: (i) The safeguard specialist studied the scope of the subproject including the technical details of the project by reviewing the Detailed Design Report prepared for the subproject by his team and had discussions with the team leader, SPCU officers, and the relevant members of his team on the scope of works in the subproject. The resettlement framework and Indigenous people‟s framework developed for the project was also studied. (ii) After the desk study and internal discussions, the safeguard specialist made an initial field visit to ascertain the impacts due to resettlement and indigenous peoples. (iii) This was followed by preparation of the screening formats for impacts of (i) resettlement; and (ii) indigenous people. During this screening, the

subproject was categorized as “C” which required a detailed due diligence to confirm the findings of the initial observations. (iv) The DDR preparation work commenced with the field visits and discussion with the relevant organizations and collecting information and/or records (if any) on land ownership and approvals by various organizations to undertake the subproject works. This was followed by a detailed public consultation to inform the public and/or stakeholders on the project components and to ascertain if there are any impacts of resettlement in the subproject execution. (v) This DDR was then prepared by assimilating the details of the detailed design report, findings of the filed visits, and discussions with relevant government officials and information gathered during public consultation as per the requirements.

V. Field Work - Surveys and Public Consultations

A. Field visits: Initial field visits: Prior to elaborate surveys and detailed public consultation, an initial filed visit was carried out and the resettlement screening and indigenous people screening was done and the said screening report is placed vide Annexure 3. Since, there were no impacts of resettlement and indigenous people; the study was continued for a due diligence with further field visits and public consultations.

The Design and Supervision Consultant together with safeguard Manager of SPCU visited the areas where the proposed sub project is to be implemented to ascertain the present land ownership including the use and need for further surveys and consultations. Documents approving the implementation of the subproject were also collected from the concerned authorities. During the field work, discussions were held with all the stake holders to collect information and views on the proposed development project. Information was collected from the Divisional secretariat of Ja-Ela. Assistant Directors – in charge of planning and the Development officers also helped in conducting the meetings. Relevant Grama Niladharies, the in-charge of the relevant Divisions also supported providing necessary information and organized the community consultation meetings. The Picture of the proposed land where the existing library building is being located is shown below.

B. Stakeholder / Public Consultation

A series of discussions were held with key stakeholders in order to collect information for this due diligence report. The officers such as Divisional secretary, Additional Director (Planning), Technical officers of Praedeshiya Sabha and other stakeholder agencies were also consulted during field visits.

In addition to this, final public consultation meeting was held at the conference hall of the Kandana Pradeshiya Saba.Kandana is the primary town of the Ja-Ela PS. This small town is located in the 184 Kandana West G. N division and by the side of A003 Peliyagda Puttalam Road. Officers from DS and PS were presented for the final meeting. Several public consultation meetings were conducted during the preparatory stage of the project activates. The attendance of the final meeting is attached vide Annexure 4.

Main topics discussed in PC meetings:

The main topics discussed in the public consultation meetings are as listed below:

 Objectives of the building construction project and contribution of LGESP and ADB  Services provided by the sub project especially in relation prevention against CKD.  Any other social issues in implementing the sub-project  Presence of indigenous peoples in the subproject area

The details of public consultations are provided in Table 1 below.

Table 2. Summary of Public Consultations

Date Location Number of Participants Topics Issues Participants Discussed discussed Secretary PS, Creating The ways of Community awareness preventing the development among Issues 23rd DS 55 Officer, AD relevant identified due Februa Office- Planning and groups on to the current ry Ja-Ela Development implementat situation and 2016 officers, ion of new enhancing the Members of construction facilities for the PS, . public with Representativ using the es of the area available CBOs resources. Secretary PS, Creating The facilities Community awareness provided in the 16th DS 22 development among the new building Novem Office- Officer, AD community and a ber Ja-Ela Planning and and the finalization of 2016 Development related the design with officers, utilizing the capacities.

Members of groups PS, about the final design.

The Community consultations confirmed that there are no impacts of resettlement and no presence of indigenous people in the subproject site. A community committee was formed to coordinate smooth implementation of the subproject.

The minutes of the community / public consultation meeting is attached vide Annexure 6 and the Photographs of the meeting are attached vide Annexure 7.

VI. Resettlement Impacts

A. Scope of Land requirements

The proposed sub-project component is being carried out within the land area of existing public library building of Ja-Ela Pradeshiya Sabha at Kandana which belongs to Ja-Ela PS. No encroachments were found and the land is well protected with the boundary fence. Since no land expansions or purchasing private lands, there is no land acquisition/displacement or loss of livelihood due to this sub project.

It is also found out that there are no indigenous people living in the area and hence no impacts identified due to this sub project. Therefore, there will be no any resettlement impacts or impacts on structures or livelihoods of the people. The resettlement screening/categorization form is annexed as Annexure 3.

The letter confirming the ownership of the land is attached vide Annexure 4

However, since the existing functional library was proposed to be demolished, the aspect of temporary relocation of the library was discussed with the pradeshiya sabha and the Pradeshiya Sabha has informed that they have already planned to the temporarily shift the library to the meeting hall of the existing pradeshiya sabha office which was adequate to take care of the housing the library. By this arrangement will have all the facilities required for the office and hence there is no disruption to the facilities to any staff of the existing library. The temporary location is also easily accessible to the citizens and will not create any problems.

VII. Socio-Economic Profile Ja-Ela Pradeshiya Sabha is located within the area of Gampaha District situated approximately 20km north of the Colombo city. Ja - Ela lies on the A-0003 road and which meets the E-003 Colombo Katunayaka Expressway at the Ja-Ela junction. Kandana is a small town and a sub area under the Ja–Ela Pradeshiya Sabhawhere the proposed site is located.

Ja- Ela falls within the wet zone with an annual rainfall of 2000 – 2600 milliliters occurring during two monsoon periods April –Lune and October – December. The temperature ranges from 23 – 31 0 C and the mean annual humidity is 79%.

According to the information available at the Divisional secretary‟s‟ office, the Ja- Ela DS area covers about57 GN Divisions expanded in the area about60km. The 10

Table 2 below gives a clear picture of the land area and population of the area comes under the preview of the Ja-Ela Divisional Secretaries area, according to the survey conducted in 2012.

Table 3: Table providing details of land and the population Number of GN Division. Land Area in Sq. Population. KM. 57 60 203,547

The total population of the ja-Ela PS area per 2014 census is 203,547. Out of which 98,555(48.8%) are male and 104,992 (51.6%) are female. The sex ratio of the city population is 93.9.

The literacy status of the Ja-Ela area shows that 95.4% persons are literate, of which 95.7% of male population and 95.1% of the female population are literate. 756,186 (47.7%) of the area population, constitute working population. The work force participation among male is 67.3% and in case of female it is only 29.4%.

The area has a diversified economic structure from commercial places, industries, fishery, agriculture (less) and tourism. There is no negative impact on the economy, employment and people by the sub project developments.

VIII. Information Dissemination

The DDR will be made available for reference in the office of the Project Management Unit at Colombo and the Subproject Coordination unit at Ja-Ela Pradeshiya Sabha. The DDR will also be published in the project website www.puraneguma.lk The report would be made available on request of any stakeholder in question.

IX. Grievance Re-dress Mechanism

The Project will pursue a participatory approach in all stages of planning and implementation, as it is expected to ensure that the affected parties have nothing or little to complain about. It is of prime importance to timely redress of grievances in order to complete the Project satisfactorily. Grievances arise due to inadequate understanding of project policies and procedures which can be resolved by timely and properly explaining the situation to the complainants. The Project will have a three tier Grievance Redressing Mechanism (GRM) for redressing the grievances of the affected persons, with emphasis on vulnerable communities including indigenous peoples.

A project-specific grievance redress mechanism (GRM) has been established to receive, evaluate, and facilitate the resolution of affected person‟s (AP‟s) concerns, complaints and grievances about the social and environmental performance of LGESP. The GRM of the project has been prepared and accepted by ADB and disclosed in the project website The GRM chart providing information on receipt of complaints and levels of redress is displayed in all subproject sites, local authorities‟ offices, SPCU offices and other important places. The SPCU records all

grievances received and address them on priority. To date all grievances are addressed at the stage of first tier.

The GRM aims to provide a time-bound and transparent mechanism to voice and resolve social and environmental concerns linked to the project. The GRM is project specific and not intended to bypass the government‟s own redress process; rather it is intended to address affected people's concerns and complaints promptly, making it readily accessible to all segments of the affected people and is scaled to the risks and impacts of the project.

The PMU and SPCUs will make the public aware of the GRM through public awareness campaigns. Grievances can be filed in writing using the Complaint Register and Complaint Forms or by phone with any member of the PMU or SPCU. The contact details of the respective SPCUs will serve as a main avenue for complaints and will be publicized through display on notice boards outside their offices and at construction sites. The safeguard documents made available to the public in an accessible version will include information on the GRM and will be widely disseminated throughout the corridor by the safeguards officers in the PMU and SPCUs.

A. First tier of GRM.

9. The SPCU is the first tier of GRM which offers the fastest and most accessible mechanism for resolution of grievances. The Safeguards Manager – Social and Gender in the SPCU will be designated as the key officer for grievance redress. Resolution of complaints will be done at the earliest. Investigation of grievances will involve site visits and consultations with relevant parties (e.g., affected persons, contractors, traffic police, etc.). The Community Development Officer (CDO) of the local authority or in the absence of CDO any officer who is given the responsibility of this, would coordinate with the safeguards and gender manager of SPCU in redressing the Grievances. Grievances will be documented and personal details (name, address, date of complaint, etc.) will be included unless anonymity is requested. A tracking number will be assigned for each grievance, including the following elements: (i) Complaint Register and Complaint Forms (including the description of the grievance) with an acknowledgement of receipt given to the complainant when the complaint is registered; (ii) Grievance monitoring sheet with actions taken (investigation, corrective measures); and (iii) Closure sheet (Result of Grievance Redress), one copy of which will be handed to the complainant after he/she has agreed to the resolution and signed-off.

The updated register of grievances and complaints will be available to the public at the SPCU office, construction sites, and other key public offices. Shall the grievance remain unresolved it will be escalated to the second tier.

B. Second Tier of GRM.

The Social Safeguards and Gender Manager of SPCU will activate the second tier

of GRM1 by referring the unresolved issue (with written documentation),). The GRC will be established before commencement of site works. A hearing will be called with the GRC, if necessary, where the affected person can present his/her concern/issues. The process will facilitate resolution through mediation. This local GRC will meet as necessary when there are grievances to be addressed. The local GRC will suggest corrective measures at the field level and assign clear responsibilities for implementing its decision at the earliest. The contractor will have observer status on GRC. In case of resettlement issues the representative of the Aps will also be invited to the GRC for all meetings to be a part of the decision.

The safeguards and gender manager of SPCUs will be responsible for processing and placing all papers before the GRC, maintaining database of complaints, recording decisions, issuing minutes of the meetings and monitoring to see that formal orders are issued and the decisions carried out.

C. Third tier of GRM.

In the event that a grievance cannot be resolved directly by the SPCUs (first tier) or GRC (second tier), the affected person can seek redress through third tier at the central level. The third tier (CGRC) - Central Grievance Redress Committee consists of (i) Project Director as Chairman; (ii) Legal Officer of MPCLG as member and Social Safeguard and Gender Officer of PMU as Member Secretary. In case the grievance is not solved at this level, then the complainant can refer the same to the court of law.

The report on project‟s Grievance Redress Mechanism is hosted in the project website www.puraneguma.lk . The graphical representation of the GRM is provided in Annexure 8

In the event that the established GRM is not in a position to resolve the issue, the affected person also can use the ADB Accountability Mechanism.2 The affected person may directly contact (in writing) the Complaint Receiving Officer (CRO) at ADB headquarters or the ADB Sri Lanka Residence Mission (SLRM). The complaint can be submitted in any of the official languages of ADB‟s developing member countries. The ADB Accountability Mechanism information will be included in the project-relevant information to be distributed to the affected communities, as part of the project GRM.

1 The GRC will consist of the following persons (i) Commissioner of Local Government of the Province as Chairman, (ii) Divisional Secretary of the area; (iii) Chairman of the respective pradeshiyasabha; (iv) representative of 1The GRC will consist of the following persons (i) Commissioner of Local Government of the Province as Chairman, (ii) Divisional Secretary of the area; (iii) Chairman of the respective pradeshiyasabha; (iv) representative of NGO/CBO working in the area as nominated by CLG; (v) Member of clergy of pradeshesiya area; (vi) Chairman of Samathamandal; (vii) GramaNiladhari of the area; and (viii) NGO/ representative of the affected persons (ix) Social Safeguard and gender Manager - as Member Secretary of the GRC. The functions of the local GRC are as follows: (i) resolve problems quickly and provide support to affected persons arising from various issues including environmental and social issues.

2 For further information see: http://compliance.adb.org/.

X. Conclusions:

The site visits, study of government records and the public consultation have in all shown that there are no impacts related to involuntary resettlement and indigenous people due to this subproject.

The subproject has no impacts on private lands and livelihood of people. It doesn‟t require dislocating any private and public structures. Therefore, compensation cost is not required for the implementation of this sub project. It doesn‟t require dislocating any private and public structures and hence falls under the „C‟ category of ADB guidelines and this DDR is prepared.

Based on the site visit and due diligence findings, it can be concluded that the sub project has no significant social safeguard issues. The Sub-project, therefore, does not appear to involve any kind of risk on social safeguard.

Annexure 1

The Google Map of the Ja - Ela MPB Project

Locati on Map and Photo graphs

Location map of the proposed sub project area and the area within the close proximity

Public Road - Access to the proposed land from the main road

Old library building which is to be demolished and the remaining land area

Annexure 2 Legal and Policy Framework – Involuntary Resettlement (National and ADB) 1. Policy Framework. This resettlement framework of the project follows all applicable laws / regulations of Sri Lanka and Asian Development Bank‟s (ADB‟s) Safeguards Policy Statement, 2009 (SPS). A summary of laws and regulations is in following paragraphs.

A. National Laws and Regulations 2. The Land Acquisition Act of 1950 (LAA) and Subsequent Amendments and Regulations. The LAA of 1950 is the most important legal provision which spell out the land acquisition process in Sri Lanka. It has several amendments, the latest 17 being the version of 1986 and the regulations 2008 gazette as No 1585/7 on 20 January 2009.

3. The procedure for land acquisition and payments of compensation for acquired lands by the government for public purposes are laid down in the LAA. It provided the payment of compensations at market rates for lands, structures and crops. In Chapter 460 of the LAA the procedure is explained in the following manner:

(i) Preparation of acquisition proposal by the requesting agency and submission to the Ministry of Lands and Land Development (MLLD). (ii) Registration of the proposal by MLLD, posting of notices by the relevant secretaries and conduct of advanced training by the Survey Superintendent (Sections 2, 248 and 249.) (iii) Investigation and calling for objections. (Sections – 4, 4.3, 38a, 250, 251, 252.) (iv) Deciding to acquire the land. (Sections – 5, 6, 253, 254, 255). (v) Inquiry into claims and payment of compensation (Sections 7, 7.2, 9, 10.la, 17, 255, 256, 257, 259, 261). (vi) Taking over of possession after the acquisition (Sections 38 in case of emergency acquisition and 262). (vii) Vesting of certificates (Sections 44.1 and 267).

4. The most important steps of the land acquisition process described in the LAA can be summarized below: (i) A notice to be issued explaining the purpose of acquiring the land. (ii) Declaration also has to be issued specifying the purpose of acquisition and describing the land and requiring the parties to notify the acquiring officer to make their claims in writing including the expected amount of compensation. (iii) Acquiring officer (Divisional Secretary of the area) holds an inquiry into the market value of the land, the claims for compensation and the legality of claimants (advised by valuation officers). (iv) Acquiring officer either makes the decision on the claims or refers the claims to be District Courts of Primary Courts. (v) Following the decision (either by the acquiring officer or the Courts) the acquiring officer makes an award after determining the persons who are entitled to compensation deemed to be allowed for the acquisition and apportionment of the compensation among the persons with interest and; (vi) In the event of a dispute over the determination it may be appealed to either the Compensation Review Board or Court of Appeal within 21 days of the receipt of the notification of the award. If there are no appeals the compensation will be paid. (vii) After making the awards, the Land Minister publishes of gazettes a “Vesting Order” for the possession of the land and the occupants have to vacate the land.

5. The Land Acquisition Regulations, 2008, gazette on 20 January 2009 stipulates the basis of assessing the market value of any land or the compensation caused by the acquisition of any land under LAA. Market value should be assessed: (i) In the case of land where part of the land is acquired and when its value is a value proportionately lower than the market value of the main land, the compensation should be made proportionate to the value of

the main land. (ii) Where the date of intention to acquire was published, the building is used for occupation and or business purposes or is intended to be used for occupation and or business purposes, the difference between the cost of reconstruction and the value of building, based on determination of market value under section 1.1 should be paid as additional compensation. (iii) Value based on development potential could be considered for paddy lands acquired where permission to fill such lands have been granted by the Agrarian Services Commissioner General. (iv) When an acquired building is occupied by a tenant/statutory tenant protected under the provisions of the Rent Act No.7 of 1072 (as amended thereafter) the compensation should be ascertained in proportion, having regard to the provision of Rent (Amendment) Act No. 26 of 2006.

6. Injuries affection and severance is to be determined as damages caused by any severance and injuries affection should be allowed full payment of disturbances and other expenses.

7. To fulfill the requirement of the definition of compensation, in addition to the compensation under Sections 1 and 2 above which are based on “market value” compensation for disturbances based on “value to owner” should be paid under the following subheadings, after taking into consideration written claims made.

(i) Expenses incurred for appearing for the section 9 inquiry; (ii) Expenses for finding alternative expenses; (iii) Cost incurred in change of residence; (iv) Cost of advertising; (v) Re-fixing cost of fixtures and fittings; (vi) Expenses incurred for transport; (vii) Loss of earning from business (within limits given in Prevailing Act); (viii) Increased overhead expenses; (ix) Double payments; (x) All other expenses to the owner due to the acquisition; (xi) Any other additional expenses for disturbance or compensation not connected under any other subsection of LAA which is not directly connected to market value of the land; and (xii) When an owner of a house or of an investment property is displaced, an additional 10% payment based on market value.

8. The acquisition process is a complex and laborious process with discrete steps, and no government agency or department can deviate from the stipulated process in the LAA of 1950 and subsequent amendments, revisions and regulations.

9. Land Development Ordinance (1935). By virtue of this ordinance and its subsequent amendments, households that are occupying crown land may request permission from the Divisional Secretary to be regularized on the land. The Acquiring Officer (Divisional Secretary) makes an investigation and may recommend giving a one year permit initially, if the land is not reserved land or not required for any other government purpose. Subsequently, the person may be given a long lease which constitutes legal title without right to disposal. The term for such titles is Swarna Bhumi or Jaya Bhumi. 19

10. There are two categories of encroachers into crown land: (i) middle income category, the households that have other agricultural land, and (ii) lower income category and landless households. By virtue of this ordinance landless households will be given special consideration for allocation of Crown land that is not reserved land.

11. State Land Ordinance No. 8 of 1947. This Ordinance is known as the State Land Ordinance No. 8 of 1947, Section (b) of the ordinance explains that land grants which can be made, and rents to be obtained for the grants. It is mentioned in Section 22 that the period is up to 50 years only and the prescribed form given in the ordinance should be filled and signed. A person seeking crown land has be appeal to the Government Agent of the area. Such person has to pay the rent decided by the land commissioner or the Government Agent of the area. Provisions have also been provided to officers such as General Manager Railways and Chairman of the Colombo Port to rent out lands under their purview, under special circumstances.

12. Prescriptive Ordinance No. 22 (1871). Under Sections 3 and 13 of this ordinance households who have encroached into private land and have been occupying the land for at least 10 years may apply through the courts for prescriptive rights to the land.

13. National Environment Act No. 47 of 1980 (NEA). There are some provisions in the NEA Act No. 47 of 1980, with the amended Act No. 56 of 1988 which refers to Involuntary Resettlement. The Minister in charge of the subject of environment has prescribed projects and undertakings for which approval is necessary under the Provisions of the NEA.

14. The Minister by gazette notification No. 858/14 of 23 February 1995 has determined the types of projects and undertakings which need the approval under the terms of the NEA. The schedule includes item 12 which refers to “involuntary resettlement exceeding 100 families, other than resettlement resulting from emergency situations”.

15. The LAA provides compensation only for land, structures and crops and provisions are not available to address key resettlement issues to mitigate or avoid impacts on people resulting from land acquisition. In addition, non-titled people and other dependents on land cannot be assisted under the LAA.

16. To address the gaps in the LAA in addressing the key resettlement issues such as exploring alternative project options that avoids or minimize impacts on people, the government (through the Cabinet of Ministers) adapted the National Involuntary Resettlement Policy (NIRP) on 24 May 2001. The NIRP which is prepared with the objective of avoiding, minimizing and mitigating negative impacts of involuntary resettlement by facilitating the reestablishment of the affected persons on a productive and self-sustaining basis, highlights the need for consultation of affected persons and their participation in the resettlement process actively and on preparation of resettlement plan. The NIRP also mentions that the Central Environmental Authority (CEA) will review and approve resettlement plans prepared by the project executing agencies and the plans will be publicly available.

17. In addition, to NIRP the multilateral financing institutions such as ADB and World Bank have similar safeguard policies on issues regarding land acquisition and resettlement. The World Bank‟s policy on Involuntary Resettlement is reflected in operational policy/bank procedure (op/BP) 4.12, December 2001. ADBs policy is in 20

Safeguards Policy Statement 2009.

18. National Involuntary Resettlement Policy (NIRP) 2001. Various public and private sector development projects cause acquisition of lands for their development. Affected persons who are relocated have to deal with unfamiliar locations and various other hardships. These developments take place without satisfactory consideration to resettlement. Accordingly, people have shown resistance to the process and where displacement is involved, the projects are being delayed. In order to address the above mentioned issues the Steering Committee appointed, reviewed and approved the National Involuntary Resettlement Policy on 5 March 2001 and the Government of Sri Lanka adopted (through its Cabinet of Ministers) as a National Policy on 24 May 2001. In line with the Resettlement guidelines of ADB, the NIRP also mentions of fair and just treatment to affected persons who do not have documented title to their land and also mentions that all the effects to be mitigated and compensated.

19. The NIRP aims to mitigate social impacts of involuntary resettlement under any programs/projects funded by the government or donor agencies by (i) exploring alternative project options which avoid or minimize impacts on people; (ii) compensate those who do not have title to land; (iii) consulting affected people and hosts on resettlement options; (v) providing for successful social and economic integration of affected people and their hosts; and (v) full social and economic rehabilitation of affected people. NIRP lists the following policy principles which are applicable to all development projects:

(i) Involuntary resettlement should be avoided or reduced as much as possible by reviewing alternatives to the Project as well as alternatives within the Project. (ii) Where involuntary resettlement is unavoidable, affected people should be assisted to reestablish themselves and improve their quality of life. (iii) Gender equality and equity should be ensured and adhered to throughout the policy application. (iv) Displaced persons should be fully involved in the selection of relocation sites, livelihood compensation, and development options as early as possible. (v) Replacement land should be an option for compensation in the case of loss of land; in the absence of replacement land cash compensation should be an option for all displaced persons. (vi) Compensation for loss of land, structures, other assets and income should be based on full replacement cost and should be paid promptly. This should include transaction costs. (vii) Resettlement should be planned and implemented with full participation of the provincial and local authorities. (viii) To assist those affected to be economically and socially integrated into the host (ix) Communities, participatory measures should design and implemented. (x) Common property resources and community and public services should be provided to project-affected people. (xi) Resettlement should be planned as a development activity for the benefit of the project affected people. (xii) Displaced persons who do not have documented title to land should receive fair and just compensation and assistance. (xiii) Vulnerable groups should be identified and be given appropriate assistance to substantially improve their income and living standards. (xiv) Project Executing Agencies should bear the full costs of compensation and resettlement. 21

20. Adhering to the above objectives the scope of the NIRP includes all development induced land acquisition or recovery of possession by the State. NIRP requires that a comprehensive resettlement action plan (RAP) be prepared. Where 20 families are affected the NIRP still requires a RAP with lesser level of detail. NIRP applies to all projects irrespective of source of funding.

B. ADB’s Safeguard Policy Statement 21. The ADB policy on involuntary resettlement (SPS 2009) aims to avoid or minimize the impacts on people affected by a project and to safeguard the affected parties who lose their land and property and whose livelihood is affected as a result of land acquisition or temporary construction activities. The main objective of resettlement planning is to provide RAP‟s with standard of living equal to, if not better that their standard of original living. There are three components to the policy. They are (i) compensation for the lost assets, livelihood and income; (ii) assistance for relocation; and (iii) assistance for rehabilitation to achieve at least the pre-project level of well-being. This is considered as a development opportunity and turns displaced and affected people as project beneficiaries. The objectives and principles of ADB‟s Safeguard Policy Statement on Involuntary resettlement principles are summarized as given below:

22. Objectives. To avoid involuntary resettlement wherever possible; to minimize involuntary resettlement by exploring project and design alternatives; to enhance, or at least restore, the livelihoods of all displaced persons in real terms relative to pre-project levels; and to improve the standards of living of the displaced poor and other vulnerable groups.

23. Scope and Triggers. The involuntary resettlement safeguards covers physical displacement (relocation, loss of residential land, or loss of shelter) and economic displacement (loss of land, assets, access to assets, income sources, or means of livelihoods) as a result of (i) involuntary acquisition of land; or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas. It covers them whether such losses and involuntary restrictions are full or partial, permanent or temporary.

24. Policy Principles.

(i) Screen the project early on to identify past, present, and future involuntary resettlement impacts and risks. Determine the scope of resettlement planning through a survey and/or census of displaced persons, including a gender analysis, specifically related to resettlement impacts and risks. (ii) Carry out meaningful consultations with affected persons, host communities, and concerned nongovernment organizations. Inform all displaced persons of their entitlements and resettlement options. Ensure their participation in planning, implementation, and monitoring and evaluation of resettlement programs. Pay particular attention to the needs of vulnerable groups, especially those below the poverty line, the landless, the elderly, women and children, and Indigenous Peoples, and those without legal title to land, and ensure their participation in consultations. Establish a grievance redress mechanism to receive and facilitate resolution of the affected persons‟ concerns. Support the social and cultural institutions of displaced persons and their host population. Where involuntary resettlement impacts and risks are highly complex and sensitive, compensation and resettlement decisions should be preceded by a social preparation phase. 22

(iii) Improve, or at least restore, the livelihoods of all displaced persons through (a) land-based resettlement strategies when affected livelihoods are land based where possible or cash compensation at replacement value for land when the loss of land does not undermine livelihoods; (b) prompt replacement of assets with access to assets of equal or higher value; (c) prompt compensation at full replacement cost for assets that cannot be restored; and (d) additional revenues and services through benefit sharing schemes where possible. (iv) Provide physically and economically displaced persons with needed assistance, including the following: (a) if there is relocation, secured tenure to relocation land, better housing at resettlement sites with comparable access to employment and production opportunities, integration of resettled persons economically and socially into their host communities, and extension of project benefits to host communities; (b) transitional support and development assistance, such as land Development, credit facilities, training, or employment opportunities; and (c) civic infrastructure and services, as required. (v) Improve the standards of living of the displaced poor and other vulnerable groups, including women, to at least national minimum standards. In rural areas provide them with legal and affordable access to land and resources, and in urban areas provide them with appropriate income sources and legal and affordable access to adequate housing. (vi) Develop procedures in a transparent, consistent, and equitable manner if land acquisition is through negotiated settlement to ensure that those people who enter into negotiated settlements will maintain the same or better income and livelihood status. (vii) Ensure that displaced persons without titles to land or any recognizable legal rights to land are eligible for resettlement assistance and compensation for loss of non-land assets. (viii) Prepare a resettlement plan elaborating on displaced persons‟ entitlements, the income and livelihood restoration strategy, institutional arrangements, monitoring and reporting framework, budget, and time-bound implementation schedule. (ix) Disclose a draft resettlement plan, including documentation of the consultation process in a timely manner, before project appraisal, in an accessible place and a form and language(s) understandable to affected persons and other stakeholders. Disclose the final resettlement plan and its updates to affected persons and other stakeholders. (x) Conceive and execute involuntary resettlement as part of a development project or program. Include the full costs of resettlement in the presentation of project‟s costs and benefits. For a project with significant involuntary resettlement impacts, consider implementing the involuntary resettlement component of the project as a stand-alone operation. (xi) Pay compensation and provide other resettlement entitlements before physical or economic displacement. Implement the resettlement plan under close supervision throughout project implementation. (xii) Monitor and assess resettlement outcomes, their impacts on the standards of living of displaced persons, and whether the objectives of the resettlement plan have been achieved by taking into account the baseline conditions and the results of resettlement monitoring. Disclose monitoring reports. 23

Annexure 3

Resettlement and Indigenous People Impact Screening (Construction of PS office building including Public Library and Auditorium-Kadana) 1. Building construction project for PS office building including a Public library and Auditorium at Kandana.

A. Introduction 1. This screening determines resettlement requirements of locating the proposed building construction project at Kandana. B. Information on project/subproject/component: a. Administrative Name: Kandana, Ja-Ela at Gampaha District b. Location: Western Province, Sri Lanka c. Civil work details (proposed): Demolishing an existing public library building at Kandana PS premises and construct the proposed new building. d. Technical Description: This works related to the construction of a new building complex. C. Screening Questions for Involuntary Resettlement Impact 2. Below is the initial screening for involuntary resettlement impacts and due diligence exercise. Both permanent and temporary impacts must be considered and reported in the screening process.

Involuntary Resettlement Yes No Not Remarks Impacts known Will the project include any  Demolishing the existing physical construction work? building and construct a new building complex. 24

Involuntary Resettlement Yes No Not Remarks Impacts known The existing partly Does the proposed activity constructed adjacent building include upgrading or  will be upgraded and rehabilitation of existing physical rehabilitated. facilities? Will it require permanent and/or temporary land acquisition?  Is the ownership status and Not applicable - No land current usage of the land acquisition known? Are there any non-titled people who live or earn their livelihood at the site or within the corridor  of impact (COI) / Right of Way (ROW)? Will there be loss of housing?  Will there be loss of agricultural plots?  Will there be losses of crops, trees, and fixed assets (i.e.  fences, pumps, etc.)? Will there be loss of businesses or enterprises?  Will there be loss of incomes and livelihoods?  Will people lose access to facilities, services, or natural  resources? Will any social or economic activities be affected by land  use-related changes? Are any of the affected persons (AP) from indigenous or ethnic  minority groups?

D. Involuntary Resettlement Impact 3. After reviewing the answers above, EA/ Safeguard Team confirms that the proposed subsection/ section/ subproject/component (tick as appropriate): [ ] Has involuntary resettlement (IR) impact, a resettlement plan (or corrective action plan) is required [] Has No IR impact, no resettlement plan is required. E. Screening Questions for Indigenous People Impact

KEY CONCERNS NOT YES NO Remarks (Please provide elaborations KNOWN on the Remarks column) A. Indigenous Peoples Identification

KEY CONCERNS NOT YES NO Remarks (Please provide elaborations KNOWN on the Remarks column) 1. Are there socio-cultural groups  present in or use the project area who may be considered as "tribes" (hill tribes, schedules tribes, tribal peoples),), or "indigenous communities" in the project area? 2. Are there national or local laws or policies as well as No Indigenous people – Not anthropological applicable researches/studies that consider these groups present in or using the project area as belonging to "ethnic minorities", scheduled tribes, tribal peoples, national minorities, or cultural communities? 3. Do such groups self-identify as being part of a distinct social Not Applicable and cultural group? 4. Do such groups maintain collective attachments to distinct Not Applicable habitats or ancestral territories and/or to the natural resources in these habitats and territories? 5. Do such groups maintain cultural, economic, social, and Not Applicable political institutions distinct from the dominant society and culture? Not Applicable 6. Do such groups speak a distinct language or dialect?

7. Has such groups been historically, socially and Not Applicable economically marginalized, disempowered, excluded, and/or discriminated against? 8. Are such groups represented Not Applicable as "Indigenous Peoples" or as "ethnic minorities" or "scheduled tribes" or "tribal populations" in any formal decision-making bodies at the national or local levels?

KEY CONCERNS NOT YES NO Remarks (Please provide elaborations KNOWN on the Remarks column)

B. Identification of Potential Impacts 9. Will the project directly or Not Applicable indirectly benefit or target Indigenous Peoples? 10. Will the project directly or  indirectly affect Indigenous Peoples' traditional socio-cultural and belief practices? (e.g. child- rearing, health, education, arts, and governance) 11. Will the project affect the  livelihood systems of Indigenous Peoples? (e.g., food production system, natural resource management, crafts and trade, employment status) 12. Will the project be in an area  (land or territory) occupied, owned, or used by Indigenous Peoples, and/or claimed as ancestral domain? C. Identification of Special Requirements Will the project activities include: 13. Commercial development of  If the answer is “yes” the the cultural resources and subproject will be categorized knowledge of Indigenous as “A” and ineligible for Peoples? Project financing  If the answer is “yes” the 14. Physical displacement from subproject will be categorized traditional or customary lands? as “A” and ineligible for Project financing 15. Commercial development of  If the answer is “yes” the natural resources (such as subproject will be categorized minerals, hydrocarbons, forests, as “A” and ineligible for water, hunting or fishing Project financing grounds) within customary lands under use that would impact the livelihoods or the cultural, ceremonial, spiritual uses that define the identity and community of Indigenous Peoples?

KEY CONCERNS NOT YES NO Remarks (Please provide elaborations KNOWN on the Remarks column) 16. Establishing legal  If the answer is “yes” the recognition of rights to lands and subproject will be categorized territories that are traditionally as “A” and ineligible for owned or customarily used, Project financing occupied or claimed by indigenous peoples?  If the answer is “yes” the 17. Acquisition of lands that are subproject will be categorized traditionally owned or as “A” and ineligible for customarily used, occupied or Project financing claimed by indigenous peoples?

F. Indigenous People Impact

4. After reviewing the answers above, PMU/SPCU safeguard manager/officer confirms that the proposed subsection/ section/ subproject/component (tick as appropriate):

[ ] Has significant Indigenous People (IP) impact, the subproject is ineligible for Project financing [ ] Has limited Indigenous People (IP) impact, an indigenous people plan (IPP) (or specific IP action plan) is required [ ] Has No IP impact, no IPP/specific action plan is required.

Ownership Confirmation letter and Deed Annexure 4

Translation of the letter of Conformation of Ownership

Ja-PS/01/D03/Puraneguma Project/2017

Project Director Puraneguma Project

Confirmation of the ownership of the proposed land for the new office building to be constructed

According to the deed of No. 396 which was surveyed and prepared by licensed surveyor and leveler Mr. K.S. Jayasekara and the Title No. 251 belongs to Grama Niladari Division no. 1884 of Ja-Ela Divisional secretariat.

Above land is bounded;

To North by Land owned to Mr. K.N.A. Kure

To East by Colombo-Negombo main Road

To South by the road

To West by the land owed to Mr. Newton

I certify that aforesaid land and canal is owned by Ja-Ela Pradeshiya Sbaha.

Secretary of PS Ja-Ela Pradeshiya Sabha

The Deed of the Land

Annexure 5 Munities and Attendance of Public Consultation meetings Date: 2016 – 02 – 23 Venue: Ja-ela Pradeshiya Sabha Meeting on New Projects to be commenced under Puraneguma Project At the meeting the proposals for development projects needed to be launched in Ja- ela PS area under Puraneguma Project were discussed & approved with the participation of puraneguma officials, PS Officials & community leaders. Approved proposals are as follows; Ideas & Proposals for Puraneguma Projects 01. Construction of Head office building of Ja-ela PS, Main auditorium & Public Library of Kadana PS 02. Project for construction of mixed waste disposal system. This project is proposed as there is no proper method to dispose mixed waste & animal waste left from present waste management process of Ja-ela PS. 03. Construction of Ragama Sub Office and Public Library 04. Construction of Batuwatta Sub Office and Public Library Introduction of Project Proposal

 The presently used third floor of super market building for head office of Ja- ela PS is not suitable.  Because of less facilities of this building usually, both clients and staff of PS face difficulties.  The present building which the Public Library of Kadana PS established also has no space required.  Hens it is suitable construction of PS Head Office, Main Assembly Hall & Public Library of Kandana PS. Introduction 02 nd Project Proposal Waste Management Project for Ja-ela PS to establish an efficient final waste disposal system. Increase the production of compost of the compost plant of Ja-ela PS at Ekala Since poor management of garbage and animal waste have negative effect on environment, the aim of this project is to establish a waste management disposal system to manage the garbage and animal waste generated within the PS area in Gampaha district of Western Province.

Introduction to 03rd project proposal

 Ragama Sub office and Public Library are presently located functioning in a rented building.  Usually people find it difficult to recognize the location of this sub office and as the office has limited space the staff and the public who visit this place frequently face difficulties. Introduction to 04th Project proposal Batuwatte sub office is located & functioning in an old building.

Secretary L.A. Manjula Samanthi Ja-ela Pradeshiya Sabha Kandhana

Minutes of the meeting - 2 Minutes of the Public Consultation Meeting

Venue- Pradeshiya Saba Ja-ela Date-16th November 2016

The Community consultation meeting was presided over by the Secretary, PradeshiyaSabaha. The meeting was attended by Political Members, officials of PS, community members, Government Officers, Senior citizens & residences living in close vicinity of the proposed development project. (Attendance sheet is attached)

Secretary, Ja-ela Pradeshiya Saba welcomed all participants and briefed the project. She further explained how design stage was carried out mainly gathering information from the Pradeshiya Saba.

Mr Pathmasiri Perera, Safeguard Manager in SPCU, Western Province explained the purpose of the meeting & proposed project. The project is planned to construct a three-storied building with a Main Office of Ja –elaPs consist with Council Chamber & Assembly hall and Library. It will be constructed in Kandana very close to the existing Pradeshiya Saba main building. Funds for the project would be allocated by the Asian Development Bank (ADB) to the local authority. The allocation is Rs50million. Mr Pathmasiri , explained the importance of conducting public consultation meetings and obtaining the feedback of the public. Mr Pathmasiri Perea invited the Team leader of the Genen Tech consultant, to explain the conceptual design drawing.

Team Leader Mr. Hemantha Rajamanthri presented the conceptual design of the proposed Office Building for Ja-ela PS and explained the floor plans, elevations & 3 dimensional models which clearly showed the actual view after the after completion. The model immensely helped the participants to understand the actual view of the proposed building

Team leader further explained that even though conceptual design was based on the requirement of Pradeshiay Saba, total cost estimate would be more than ceiling limit of Rs 50 million. In order to finalize the estimate, two options were briefed

1. Building to be redesigned with reducing floors 2. Balance component of fund to be provided by the Pradeshiya Saba. Pradeshiya Saba agreed to provide balance amount of fund & requested to go ahead with design without any amendments.

The participants were in agreement with the project proposal and the design concept. They appreciated the project.

Annexure 6

Annexure 7 Pictures of the community consultation meetings

Annexure 8

Grievance Redress Mechanism